Grant and Secretary, Department of Social Services (Social services second review)

This matter concerned an application for a disability support pension by Mr Grant, who claimed to have suffered from a depressive disorder since 2006. The Secretary of the Department of Social Services affirmed the decision under review. The case was heard by Miss E A Shanahan, Member, of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether Mr Grant met the criteria for a disability support pension under section 94 of the relevant Act. Specifically, the Tribunal was required to determine if Mr Grant had a psychiatric disorder that required treatment and stabilization, and if that disorder was fully treated and stabilized during the relevant period.

The Tribunal found that Mr Grant suffered from a psychiatric disorder, likely a major depressive disorder or an adjustment disorder with depressed mood, and that he satisfied section 94(1)(a) of the Act. However, the Tribunal determined that Mr Grant's condition was not fully treated or stabilized, as evidenced by his inconsistent medication compliance, ongoing alcohol abuse, and the opinion of the Job Capacity Assessor. Consequently, Mr Grant failed to satisfy section 94(1)(b) of the Act. The Tribunal affirmed the decision under review.